On May 19, 2017, in
Persaud v. Cortes, No. 5D16-863, the Florida Fifth DCA reversed the trial court and ordered
a new trial on punitive damages in an automobile negligence wrongful death
case. The basis for the Fifth DCA’s decision was the trial court’s
refusal to read a portion of the Florida Standard Jury Instruction 503.1,
providing that the jury “may not award an amount that would financially
destroy” the defendants. The Fifth DCA acknowledged that the usage
note to the instruction indicates that “it appears that this instruction
can only be used when evidence of the defendant’s net worth has
been introduced,” but determined that the testimony of the defendant’s
mother, who generally discussed his lack of assets and employment, was
sufficient for this purpose.

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